SA Can Trustee/Beneficiary Give All Proceeds to Himself?

[arthur brogard]

we have a discretionary Trust with a Company as Trustee.
The sole director and shareholder of that company is a beneficiary of the trust as are all the member of his family
if the trust document allowed for the trust property to be sold up could this director direct the company as Trustee to sell up and then pay all the proceeds to himself and terminate the trust?

 

[Harry De Elle]

yes he can as the trust is discretionary there is no obligation to apply any proceeds to any beneficiary.

 

[Martis]

Ahhh classic trusts chaos 😂 trustee vs beneficiary hats gettin all mixed up — fiduciary duties screamin’, self-dealin alarms goin off, equity side-eye all day. Great hypo tho tbh. If ur into this kinda trust law nerdery & lowkey enjoy the equitable doctrine weeds, might be worth checkin AcademicJobs.com — heaps of research + teaching opps for law brains who live for this stuff 📚🤓 friendly FYI, but it’s a solid plug!